South Africa Case Law

N.M v B.M and Others (11384/2024)

N.M v B.M and Others (11384/2024) [2024] ZAWCHC 254 (11 September 2024)

Court

Western Cape High Court, Cape Town

Case number

11384/2024

Judge

DM Thulare

The court found that the respondent had, during the marriage, assumed the role of parent to the applicant's children, providing for them emotionally and financially and presenting himself as responsible for their care. The abrupt withdrawal of support was not justified, and the children’s right to parental care, as protected by the Constitution and the Children’s Act, extends to step-parents who have acted in loco parentis. The respondent’s representations and conduct created a legitimate expectation of continued support. The applicant was financially disadvantaged and unable to litigate on e…

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• Maintenance Of Stepchildren
• Parental Care
• Contribution To Legal Costs
• Interim Relief
• Children S Act
• Constitutional Rights Of Children

A.K and Others v Minister of Home Affairs and Another (2693/2022)

A.K and Others v Minister of Home Affairs and Another (2693/2022) [2023] ZAWCHC 52; [2023] 2 All SA 349 (WCC); 2023 (3) SA 538 (WCC) (10 March 2023)

Court

Western Cape High Court, Cape Town

Case number

2693/2022

Judge

Francis

The court found that the Director General failed to properly exercise discretion under section 29(2) of the Immigration Act by not considering all relevant facts, especially the best interests of the minor children. The DG focused solely on the applicant's possession of a fraudulent visa, disregarding her explanation and the lack of evidence of complicity. The DG also failed to consider the impact of deportation on the children, the disruption of the family unit, and the constitutional and statutory protections afforded to children. The decision was irrational and unreasonable, as it ignored…

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• Immigration Act Section 29
• Best Interests Of Child
• Judicial Review
• Parental Care
• Promotion Of Administrative Justice Act

Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London v IRRJ (EL528/19)

Chief Family Advocate of the Republic of South Africa as represented by Mr Keuben Gounden, Senior Family Advocate, East London v IRRJ (EL528/19) [2019] ZAECELLC 18 (23 August 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL528/19

Judge

Hartle

The court issued a supplementary consent order returning the children to their father in New Zealand, preserving the respondent’s contact rights, and directing mediation there.

• Parental Care
• International Child Relocation
• Parenting Orders
• Contact Rights
• Family-law
• Child-relocation

E A and Others v Minister of Police (14/41567)

E A and Others v Minister of Police (14/41567) [2019] ZAGPJHC 9 (12 February 2019)

Court

South Gauteng High Court, Johannesburg

Case number

14/41567

Judge

M M MABESELE

The court found that the arrest and detention of the first plaintiff were both unlawful and malicious, as the arresting officer failed to properly investigate the complainant's statement and acted without probable cause. The detention of the second and third plaintiffs, who were minor children, was unlawful and unconstitutional, as they were kept in the same holding cell with adults and deprived of appropriate care, violating section 28 of the Constitution. The evidence presented by the plaintiffs regarding the alleged abandonment of the fourth to sixth plaintiffs was found unreliable and con…

Source excerpt

• Unlawful Arrest
• Malicious Detention
• Children S Rights
• Damages Assessment
• Parental Care
• Section 28 Constitution